114 results for 'filedAt:"2023-06-05"'.
J. Wang dismisses misappropriation of business opportunities claims an energy services organization brought after three employees left to work for a competitor. The organization contends employees were “diverting commodity purchase contracts with crude oil producers" but failed to identify a sufficient injury to establish standing.
Court: USDC Colorado, Judge: Wang, Filed On: June 5, 2023, Case #: 1:22cv650, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade Secrets
J. Conner permits plaintiffs, Pennsylvania residents, to pursue certain consumer protection claims accusing telemarketers of running a number of bogus fundraising campaigns for fake PACs in order to line their pockets with donations because plaintiffs verified telemarketers were directly connected to the political campaigns and that defendants had placed the calls.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: June 5, 2023, Case #: 1:21cv1668, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Consumer Law, Privacy
J. Mahan grants the school district’s motion for summary judgment in this civil rights suit brought by a teacher who resigned, alleging retaliation, precipitated by events including a death threat made by a fifth-grade student to another student, and involving alleged irresponsible handling of the incident. Expert testimony as to psychological damages is not required to support a negligence action, but none expressly connects the supposed psychological harm to the theories of negligence. There is no clear evidence of causation.
Court: USDC Nevada, Judge: Mahan, Filed On: June 5, 2023, Case #: 2:20cv1792, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Employment
J. Orrick declines to dismiss class claims against Saraya USA from consumers who say the company misrepresents their granola products as being mostly sweetened by monk fruit. Consumers say the products are instead mostly sweetened by erythritol, a sugar alcohol. Given that the packaging for the products also contains phrases like "sugar free" or "no sugar added," it's reasonable at this stage to infer that buyers are being misled.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 5, 2023, Case #: 3:22cv5232, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Hixson finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to second degree murder and received a 45-year sentence to be served in its entirety. Though defendant argues trial counsel's failure to file a motion to suppress his confession to the county sheriff was a deficiency in his representation, the lower court found it was not, and that trial counsel did not file based on his analysis that defedant's confession was properly handled by police. The instant court finds no error in the lower court’s decision, and defendant’s claim of ineffective assistance of trial counsel is without merit as he was properly represented. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 5, 2023, Case #: W2022-00642-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Murder
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J. Moore finds that the patent trial and appeal board properly ruled in this dispute over a heart catheter guide because the competitor failed to demonstrate catheter guides are unpatentable. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: June 5, 2023, Case #: 2021-2359, Categories: Patent
J. Thapar finds the district court properly denied the death row inmate's petition for a writ of habeas corpus related to his convictions for the kidnapping, rape and murder of a 9-year-old girl. Defendant's ineffective assistance of counsel claim related to DNA evidence found on the shorts of the victim was not only adjudicated on the merits by a state court, but the inmate failed to show the decision was unreasonable. Furthermore, several of the inmate's other ineffective assistance claims, including the lack of mitigating evidence about his childhood, were defaulted when he failed to raise them before the lower court and failed to present any significant evidence from the state court record. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 5, 2023, Case #: 19-5427, Categories: Death Penalty, Habeas, Murder
[Consolidated.] J. Goethals holds that the trial court must revisit its decision to vacate an earlier attorney fee award. The trial court had jurisdiction to decide how to divvy up settlement proceeds between an attorney and his former clients. It was not required to vacate that adjudication when the clients' subsequent attorney argued that no settlement funds would be left for his fees. The attorney fee claims are severable, the first attorney's liens have priority because they were established first and the second attorney standing to challenge the move to vacate since he was a non-party to the initial fee order. Reversed in part.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: June 5, 2023, Case #: G060579, Categories: Attorney Fees
J. Milazzo grants summary judgment to a Louisiana customer of a Texas limited liability company on its breach of contract claims, after it performed water mitigation services at his home after Hurricane Ida. Because the work done was that of a contractor, and the Texas company did not have a Louisiana contractor’s license, the contract violates Louisiana law. Without a valid contract, the Texas company’s breach of contract claim must fail.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 5, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, Damages, Contract
J. Brodie denies a motion for reconsideration and reaffirms the court’s prior ruling ordering a deli counter attendant and his employer to arbitration for all claims asserted in a collective action Fair Labor Standards Act suit. The court agrees with the magistrate judge’s findings that, under Second Circuit precedent, the employee’s collective bargaining agreement signed in 2018 applies to all claims for acts that occurred both before and after the agreement was signed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 5, 2023, Case #: 1:22cv1601, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Rothstein dismisses without prejudice the Korean spa's claim that the Washington State Human Rights Committee tried to force it to allow transgender women who have not gone through post-operative sex confirmation surgery to enter "female-only" designated areas where patrons are required to be naked for certain services, in violation of their cultural beliefs. The Korean spa does not allege a plausible free speech or free association violation in a way that overrules Washington's Law Against Discrimination's regulations against discriminatory conduct.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: June 5, 2023, Case #: 2:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Business Practices
J. Mix denies an electronics company summary judgment in patent claims brought by an end-to-end internet technology provider because the company failed to establish the provider's technology was too broad to qualify for a patent.
Court: USDC Colorado, Judge: Mix, Filed On: June 5, 2023, Case #: 1:22cv1254, NOS: Patent - Property Rights, Categories: Patent
[Modified.] J. Wiley modifies more than a dozen sentences in a defamation opinion with no change in judgment. The trial court erred in granting Rep. Maxine Waters' anti-SLAPP motion in a defamation case over for an allegation she made during the 2020 election campaign. Evidence shows the possibility that Waters, who said her opponent had been dishonorably discharged from the Navy, willfully disregarded available information to the contrary. Her opponent sufficiently showed that Waters had not taken the minimal steps required to investigate the evidence he claimed showed his discharge had been honorable, so his defamation claim should have been allowed to proceed. Vacated.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: June 5, 2023, Case #: B312937, Categories: Anti-slapp, Elections, Defamation
J. Berger grants the City of Oak Hill and two of its police officer’s motion to dismiss the motorcyclist’s civil rights lawsuit accusing the officers of continuing to pursue him outside the city limits at speeds of up to 100 mph after dispatch ordered them to cease, causing him permanent injuries when the officers did not first call paramedics after he wrecked his motorcycle in a ditch, ending the pursuit. Determining there is “no clearly established precedent establishing that officers must refrain from moving an injured person prior to arrival of first responders with more medical training,” the court finds the officers are protected by qualified immunity. Absent an underlying constitutional violation, the motorcyclist’s municipal liability claim against the city cannot survive.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 5, 2023, Case #: 2:23cv69, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Montalvo denies a motion for leave to intervene after a medical company won an award in arbitration in a contract dispute with a second medical company and moved for a “writ of execution and garnishment” to retrieve its award. A financial company then filed as an intervenor, arguing it should have “priority status” to assets from that second company based on prior agreements with that company. The motion for leave should be denied because the intervenor did not timely file and because its fears that granting the writ will “impede or interfere” with its own interests are “misplaced.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 5, 2023, Case #: 3:20cv7, NOS: Other Contract - Contract, Categories: Arbitration, Damages, Contract
J. Covington finds that the district court improperly dismissed the former employee's negligence claim in a putative class action against the employer arising after a ransomware attack on the employer's administrative system allowed cybercriminals to obtain current and former employees' Social Security numbers. In light of the employer's size and sophistication, it could have foreseen that its unsecured database could be the target of a cyberattack. The district court requested an unfair amount of specificity from the employee with regard to foreseeability. However, the district court correctly dismissed the claim for breach of implied contract. Reversed in part.
Court: 11th Circuit, Judge: Covington, Filed On: June 5, 2023, Case #: 22-12853, Categories: Negligence, Class Action
J. McFadden finds that the trial court improperly denied defendant's motion to suppress evidence which led to her being charged with DUI. The state failed to show that defendant's detention was not unlawfully prolonged because time elapsed between when defendant was stopped by deputies and when the DUI investigation began. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 5, 2023, Case #: A23A0200, Categories: Evidence, Dui
J. Engelmayer grants the shower curtain manufacturers' motion for attorney fees under the fee provisions of the Patent Act and the Lanham Act and awards $929,000 in attorney fees, as well as costs and pre- and post-judgment interest, in their favor in a patent infringement action against the competitors. The fee award is justified largely by the objective unreasonableness and unprofessionalism of the competitors in defending the case. The competitors ignored court rulings, repeatedly violated the scheduling order and unnecessarily prolonged the litigation. Judgment is entered in the amount of $2.9 million.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: June 5, 2023, Case #: 1:15cv10154, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees